Case law
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Division and case type: High Court CivilCivil Appeal
…Rashid (PM) delivered on 12/03/2025 in Kisumu CMCC No. 523 of 2019 between Margaret Atieno Osadho v KCB Bank Kenya Limited & Metropol Credit Reference Bureau Limited) 1.…
…It further contended that the entire suit was premature as there was a procedure for delistment from a Credit Reference Bureau that the plaintiff had not followed. 3.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…James Okoth Ombura t/a Okoth Ombura & Co Advocates [2013] eKLR, Reuben Kioko Mutyaene v Kenya Commercial Bank Limited; Transunion t/a Credit Reference Bureau Africa Limited (Interested Party) [2020] eKLR among others on aggravated…
…Reference was made to the decision in Selina Patani & another v Dhiranji v Patani (2019)eKLR. 27.…
Division and case type: CivilCivil Appeal
…Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.…
Division and case type: CivilCivil Appeal
…Mr Ombaka said the reference to the order was unnecessary because it related to summary procedure.…
Division and case type: CivilCivil Appeal
…The aforegoing constitutes the background leading to this reference.…
…In the result we allow the reference. The applicant is granted leave to file his notice of appeal out of time.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant complained about the basis under which his name had been handed by the Respondents to the Reference Bureau.…
…The Court ordered the Respondent to secure the delisting of the Appellant's name from the Credit Reference Bureau promptly.…
Division and case type: High Court DivCivil Appeal
…The court dismissed the reference on 22.7.2025 on the grounds, among others, that the reference was filed five months late without the court's leave.…
…The applicants filed the reference on 16.9.2024, exactly five months after the delivery of the ruling on the bill of costs on 24.4.2024; the applicants did not seek an extension of time to file the reference, as provided…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The listing was occasioned by reference to the Bureau by the respondent Bank.…
…Banking (Credit Reference Bureau) Regulations, 2020.…
Division and case type: High Court CivilCivil Appeal
…The appellant was subsequently listed with a credit reference bureau, with respect to accounts that he knew nothing about.…
…He said that the appellant subsequently caused a credit reference bureau to list him as a defaulter. He alleged breach of contract and negligence. 14. He made reference to 4 accounts.…
Division and case type: High Court DivCivil Appeal
…The Applicant further prayed that the costs of the reference be awarded in his favour. ii.…
…Whether the present reference is competently before the Court under Rule 11 of the Advocates Remuneration Order 41) The Respondents have raised a preliminary objection to the competence of the present reference.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…2008 , Section 25(8) imported into credit reference bureau Regulations 2013, and put the appellant to strict proof on his allegations that there was malice in publishing the said information.…
…Secondly, reference to the plaintiff. The claimant need not be expressly named in the publication.…
Division and case type: High Court CivilCivil Appeal
…It is pointed out that the 8 th Respondent is attempting to achieve indirectly what he failed to pursue directly through a reference. 7.…
…The 8 th Respondent/Applicant instead of filing a reference opted to file the instant application for review under order 45 rules 1(1) (b) and2 of the Civil Procedure Rules. 13.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…from the Credit Reference Bureau listing. d.…
…The Honourable Court erred in law in misconstruing and misapplying the provisions of the Credit Reference Bureau Regulations, 2020. 8.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…excess interest charges, refund of the monies paid on basis of the said excess interest rates; refund of monies debited as valuation charges, and the recall of the names of the directors of the respondent from the credit reference…
…On whether the names of the directors should be delisted from credit reference bureaux, the law on listing in credit reference bureaux is the Credit Reference Bureau Regulations, 2013.…
Division and case type: High Court CivilCivil Appeal
…According to the Respondent, the Applicant should have lodged an objection/reference to the outcome of the taxation as provided under Regulation 11 of the ARO.…
…Reference was made to numerous decisions on the subject of objection to taxation of costs including the case of Sharma vs.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The appellant argued that its cause of action arose from its wrongful listing with the Credit Reference Bureau (CRB) by the respondent.…
…Bureau. j) Failing to furnish the plaintiff with an adverse notice to show cause why it should not be negatively listed under Credit reference Bureau. k) Irregularly and unprocedurally providing Credit Reference Bureau with…
Division and case type: High Court DivCivil Appeal
…The Appellant has not objected to the taxation, neither did he file a reference against the Certificate of Taxation and has not settled the amount thereof despite being notified. ISSUES FOR DETERMINATION 7.…
…In determining whether the court should adopt the amount on the Certificate of Taxation as the judgment of the court it should be satisfied that the certificate of taxation has not been set aside. 9.Reference is made to the…
Division and case type: High Court CivilCivil Appeal
…That this Honourable Court be pleased to grant the Respondent leave to file a Taxation Reference against the decision of the Taxing Master issued on 27 March 2025 taxing the Appellant''s Party & Party Bill of Costs dated…
…That pending the hearing and determination of the Respondent''s intended Taxation Reference, this Honourable Court be pleased to stay the execution of the Certificate of Costs dated 24 April 2025.” 2.…
Division and case type: High Court DivCivil Appeal
…The Respondent has not objected to the taxation, neither did it file a reference against the Certificate of Taxation and has not settled the amount thereof.…
…Reference is made to the case of Lubulellah & Associates Advocates Vs N. K.…
Division and case type: High Court CivilCivil Appeal
…Madowo had delivered was on taxation of an Advocate-Client bill of costs, which she taxed by the said ruling, following a ruling that I had delivered on 2nd February 2024, on a reference by the appellant herein. 2.…
…That reference, which gave rise to the ruling of 2nd February 2024, turned on, among other issues, a sum of Kshs. 30,000.00 and another of Kshs. 141,712.00; which had allegedly been paid by the appellant to the respondent…